psychology of law – Flashcards
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what does forensic mean?
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means anything pertaining or potentially pertaining to the law (civil and criminal) benefit of examining human factors as influential
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american psychology
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law society endorses a broad definition that includes contributions of researchers and clinicians
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Apa speciality guidelines for forensic psychology
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forensic psychology refers to professional practice by any psychologist working within any sub-disciplines of psychology when applying the scientific, technical, or specialized knowledge or psychology to the law to assist in addressing legal contractual,and administrative matters. focus is forensic practice
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james mckeen cattell research on eye witness testimony
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56 college students asked a series of questions he also asked students to rate their confidence about accuracy of the responses findings revealed: confidence did not equal correctness some students were confident regardless of whether their answers were correct, while others were always insecure, even when they provided the right answer
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police and public safety
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research and application of psychological principles and clinical skills to law enforcement and public safety. examples: scheduling, screen procedures, training for interactions in special populations
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legal psychology
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scientific study of a wide assortment of topics reflecting the relationship between psychology and law, particularly in the court custody evaluations, jury selection, competency to stand trial, NGI (insanity defense), civil capacity evaluations (make a will, consenting to treatment)
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psychology of crime
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science of the behavioral and mental process of offenders; goal is to reduce criminal behavior effectiveness of interventions development of psychopathy how is antisocial behavior acquired, evoked, maintains, and modified? identified troubled youth research policy advisor consultation with law makers about statutory mandates
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psychology of victims
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study of persons who have experiences either actual or threatened, direct or indirect, harm as a result of crime or attempted crime educate service providers psychological reactions to victimization evaluation of persons who are witnesses to crimes inform policy based on research
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correctional psychology
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study of application of theoretical/clinical principles to the correctional system screening of inmates entering prison(treatment needs;sustainability of prison programs) risk assessments (sexually violent predator) program effectiveness develop programs for correctional officers
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what does it mean that laws are human creations?
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evolve out of need and change different perspectives on what is acceptable facilitate order, regulate, dictate multiple stakeholders and disciplines involved in development, implementation, and study of law
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laws as vehicles for conflict resolution
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help with public protection/safety reduce the problems associated with differences in what is considered appropriate bx federal,state, country, borough, municipal, neighborhood
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psychology study of law
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focus os psychological approach to law looks at individuals as human determinants;look at bx of participants in the legal system: characteristics of participants effect system, system then affects participants person+ personal qualities+ setting/context of b=f (p,e) environmental factors affect human behavior
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due process model
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value on citizen protection; assumption of innocence. better to let a guilty person free then to punish an innocent person
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crime control model
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seeks punishment of criminals;containment of crime. more important to punish an innocent person than to let a guilty persons free
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rights go individual vs. common good
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goal is for society to find ad maintain balance what happens when each is more dominant? the more people you see arrested then you will dismiss that behavior or find yourself in the same situation
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equality vs. discretion
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how does the judicial system operate for the people who are target who have done or allegedly done that is inappropriate or a violation
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equality
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equal crime, equal time principle of proportionality: punishment should be consistent with magnitude of act people against this: giving a child a life sentence is different than giving an adult a life sentence
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discretion
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rigid application may not be justice; variations in justice system response to rim may be appropriate. looking at individual person and situations
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discovery truth vs. conflict resolution and or justice
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truth is elusive: some circumstances could get in the way of finding the truth ascertaining facts is difficult sometimes attorneys aspire to prove best representation possible need for pragmatism and efficiency often replaces just outcomes
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settlement negotiation
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involves a sometimes-lengthy pretrial process of give and take, offer and demand that ends when a plaintiff agrees to accept what a defendant is willing to offer to end their legal disagreement
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amicus curiae brief
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provided courts with information from psychological science and practice relevant to the issues in the particular case
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science vs. law
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law relies on precedents (what has happened in previous cases serves as a guide, "let the decision stand") psychology relies on scientific method (world of objective) law uses case method: psychology uses experimental method law deals with absolutes (either or) psychology deals with probabilities (could more likely, less likely, as compared to) law supports contrasting view of reality (ultimate win); psychology seeks one refine view (psychology tries to integrate all data; law looks at choice between two sides)
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stare decisis
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let the decision stand, reflecting the importance of abiding by previous decisions
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psychology in the law
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explicit and conventional use of psychology by lawyers; psychologists in various roles across legal proceedings
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psychology and the law
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use psychological principles to analyze and examine the legal system; looks at assumptions and the law makes about bx
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psychology of the law
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origins and existence of law; what psychological functions do laws serve
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attribution theory
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why people engage in certain behavior, more or less accountable for behavior
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attribution theory: 3 dimensions
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internality: cause is within our external stability: temporary or persisting globalness: specific or pervasive internal +stable +global=culpable external+unstable+specific=less culpable
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their negative behavior
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internal cuase pervasive,stable
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our negative behavior
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environment to blame temporary and changeable
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understanding crime
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behavioral scientists: goal is to understand causes criminology: study of crime and criminal behavior, primarily focus on crimes that are feared most
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early pioneering theories of understanding crime
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religious: crime=sin, sin causes crime
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classical school of criminology:
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free will, crime occurs between choice of right or wrong. rime occurs when gains outweigh consequences . punishment should fit the crime (this reflects a new way of thinking about why crime occurs and what is an appropriate response)
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positivist school of criminology
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importance of data use of scientific method (though crude and difficult to replicate) how do people make the chose between criminal and noncriminal actions criminal behavior is the result of the interaction of low intelligence and a particular kind of temperament. punishment should fit the criminal rather than the crime
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key assumptions of positivist school of thought
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Human behavior is determined and not a matter of free will. Criminals are fundamentally different from noncriminals. Social scientists can be objective in their work. Crime is frequently caused by multiple factors. Society is based on consensus, but not on a social contract.
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sociological theories
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maintain that crime results from social or cultural forces that are external to any specific individual; exist prior to any criminal act; and emerge form social class, political, ecological, or physical structures affecting large groups of people
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biological theories
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genetic influence, neuropsychological abnormalities, and biochemical irregularities
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psychological theories
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crime results from personality attributes that are uniquely possessed or possessed to a special degrees, by the potential crime
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social-psychological theories
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bridge the gap between environmentalism of sociology and individualism of psychological or biological theories. crime is learned by what is learned and how it is learned
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adversarial system
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exhibits evidence and witnesses are assembled by representatives of one side or the other to convince the fact finder that their sides viewpoint is the truthful one judges rarely call witness or introduce evidence on their own
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inquisitorial approach
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judge has more control over findings
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temperament
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an individual characteristic identifiable as early as infancy that constitutes a habitual mode of emotionally responding stimuli
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what factors contribute to criminal behaviors
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physical characteristics punishment should fir the criminal not the crime-early foundation for rehabilitate efforts led to modern theories of criminal behavior
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sociological theories
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crime: results in social and cultural influences is driven by SES, political, ecological, or physical structures sociological theories rejects the notion of the born criminal
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sociological theories explanations:
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structural: dysfunction of social arrangements interfered with attainment subcultural: cultural endorsement and society rules diverge
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structural explanations
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the need to maintain moral bonds between individuals in society
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structural explanations: fundamental inequality
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fundamental inequalities contribute to crime (opportunities to achieve are not equal and in some cases there are barriers) crime is a social cost of inequality
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structural explanations: theory of differential opportunity
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coward and ohlin: suggested that the social structures of a community determines access to both the learning and performance structures that underwrite career delinquency and criminal subcultures ex. small community, kids going to boys and girls club, at this club older guys were lining up on street on the way to it and hollering at young girls and trying to get them to be prosititutes
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structural explanations: rational crime theory
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some illegal behavior makes sense high reward, low level of risk of negative outcomes
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strain theory
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a thrust is that stress, frustration, or strain, general product of failed aspirations, increase the prospects for norm violations (crime) key objectives: specifications of sources of strain, specifications of deviant adaptations
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rational
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the structure of american society creates the greatest pressure the lower the social statues pressure comes from distorted aspirations, unrealistic desires or attainment materialism
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theory of focal concerns
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lower class is a distinct culture; difference bring lower class youth in conflict with middle class standard lower class values more important for survival for lower class males criminal activities of lower class is attempt to gain ends traditions of lower class used: trouble, smartness,fate, toughness, autonomy
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critiques of theory of focal concerns
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doesn't explain crimes by persons outside of this class vague description of concepts no strong empirical supports
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psychological crime
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results of individual differences (personality, attributes, attitudes, believe systems)
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psychoanalytic theory
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weak ego and super ego, strong id (is in over drive) difficulty postponing immediate gratification substitute for something? poor attachment need for punishment due to unresolved feelings of guilt
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impulsiveness
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peoples varying tendencies to act on matters without giving much thought to the consequences
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negative emotionality
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a personality trait that refers to the tendency to experience many situations as aversive, and to react to them with irritation and anger more readily than twitch positive affective states (you react the wrong way to a situation, over the top anger)
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sensation seeking
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the active desire to novel, varied, and extreme sensations and experiences often to the point of taking physical and social risks
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conscientiousness
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a primary trait composed of several secondary traits such as well organized, disciplines, scrupulous, responsible , and reliable at one pole, and disorganized, careless, unreliable, irresponsible, and unscrupulous at the other
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empathy
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the emotional and cognitive ability to understand the feelings and distress of others as if they were your own
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altruism
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the action component of empathy; if you feel empathy for someone you will probably feel motivated to take some sort of action to alleviate the persons distress if you are able to
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moral reasoning
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a strong relationship exists between moral reasoning an the ability and or inclination to empathize with and come in the aid of others
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criminal thinking patterns
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criminals and noncriminals think differently patterns are logical, just erroneous and irresponsible early choices lead to enduring patterns.
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wilson and herrnsteins net advantage theory
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refers to the fact that any choice we make rests on the cognitive and emotion calculations we make before deciding on a course of action relating to the possible positive and negative consequences that may result from choices this theory goes a step beyond to identity differences and the likelihood of understanding and appreciating the long-term consequences of a chosen course of behavior
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individuals with a tendency to discount the negative consequences of their behavior do so
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1. because inhibitions are weak 2. because they are impulsive 3. because they have learning difficulties 4. because hey are present oriented, and or 5. because they lack conscience
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extroversions
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active, aggressive, impulsive implications of less reduction in fear? looks more behavioral
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neuroticism
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restless, emotional volatility, hypersensitive implications of over-reaction to stimuli? exaggerated response to stimuli, operate primarily on emotions
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psychoticism
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lack of empathy, insensitivity, manipulative
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antisociality
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DSM-5 broad pattern of disregard for rights of others, since age 15 based on clinical observations 50-80% of male inmates meet criteria
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psychopathy
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cleckly: first outlines characteristics of psychopaths . mask of sanity quay: excessive neuropsychological need for thrills and excitement 1% of population; 11-25% of prison population
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causes of psychopthay
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left hemisphere dysfunction (impairs executive function, the ability to plan and regulate behavior carefully) less anxiety in the face of risk or aversive stimuli low autonomic arousal=high need for stimulation, leads to thrill seeking terrible family environment (cold and distant parents, inconsistent rewards or punishment) suffer from cortical immaturity that makes it difficult to inhibit behavior.
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core factors of psychopathy
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factor analysis helped to identify multidimensional nature of psychopathy. factor 1: interpersonal and emotional components (arrogant, deceitful, takes advantage of others, manipulative) factor 2: socially deviant lifestyle and antisocial attitudes (impulsive, irresponsible unreliable) factor 3: deficient affective experience (unemotional, remorseless, callous, lack of empathy) possibly factor 4: antisocial tendencies (poor self-regulation, wide range of antisocial behavior)
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implications of psychopathy
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self-concept: invulnerable, superior, pre-emptive rights sees others: dupes/stupid, inferior, weak strategies: manipulative, violence
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robert hare: PCL-R
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20 item risk assessment tool assesses emotional, interpersonal, behavioral, and social deviance from various scores. 0=consistently absent, 1=inconsistent, 2=consistently present. scores between 21-20 as middle, showing features but not fitting all criteria can be applied in research and forensic settings (PCL-SV, P-SCAN) normed and validated adelle forth: PCL-YV(youth version)
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treatment and rehabilitation of psychopaths
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research generally suggest trying to reduce violence, recidivism and antisocial attitudes doesn't seem to work. Extreme, qualitatively distinct category Psychopathy is persistent throughout life Psychopathy has biological causes which cannot be changed by psychosocial interventions They are treatment resistant because of their interpersonal and emotional stlye (e.g., conning, manipulating) Psychopathy is not considered "treatable" Inappropriate treatment may make psychopaths worse Recent research suggest more encouraging news related to children and adolescents with psychopathic characteristics
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subcultural explanations
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criminal behavior is the result of the conflict between the norms of different members. group members feel pressure to devote form norms (gangs, cults)
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control theory
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assumes that people will behave antisocially unless they learn, though a combinations of inner controls and external constraints on behavior not to offend. behave antisocially nestles they are trained not to by others
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learning theory
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individuals directly acquire specific criminal behaviors through different forms of learning
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containment theory
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if society is well integrate has well defined limits on behavior, encourages family discipline and supervision and proves reinforcers for positive accomplishment crime will be contained.
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differential association approach
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1. criminal behavior is learned through interaction with other persons in process of communication 2. criminal behavior is learned (techniques of committing the crime, specific motives, drives, attitudes) 3. person becomes delinquent because of excess definitions favorable to violation of law over definitions unfavorable to violation of law
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differential association reinforcement theory
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criminal behavior is acquired through operant conditioning and modeling
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modeling of aggression in 3 social contexts
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1. familial influence: child abuse to aggressive parental attitudes and language. 2. subcultural models: some environments and subcultures provide context that supports aggression 3. symbolic models: influence of symbolic models on aggression has been attributed to the mass media.
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social learning theory
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importance of differential reinforcement for developing new behaviors, but it assigns more importance to cognitive factors and to observational
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social labeling
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stigma of being branded a deviant can create a self fulfilling prophecy
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integrate theories
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antecedent conditions (biological precursors, psychological predispositions, environmental factors) early indicators (childhood precursors to crime and violence) developmental processes (intensification of criminal/violent behavior, intensification of prosaic/nonviolent behavior) maintenance variables (continued offending and violence, continued prosocial behavior)